The application and regulation of administrative discretion in the era of artificial intelligence

2021 ◽  
pp. 1-10
Author(s):  
Li Li ◽  
Tian Tian ◽  
Yanmin Zhao

The advent of the era of artificial intelligence makes it possible for administrative subjects to use intelligent machines and systems to engage in administrative activities. Among them, the administrative discretion, which is the core of administrative law, is particularly concerned about the use of artificial intelligence. In the era of weak artificial intelligence, intelligent administrative discretion has been widely used in all aspects of administrative law enforcement, but there is a phenomenon that administrative subjects are negligent in exercising discretion. Looking forward to the era of strong artificial intelligence, artificial intelligence machines or systems may have the ability and power to independently exercise administrative discretion, but they cannot become the real administrative discretion subject. Intelligent administrative discretion is conducive to administrative efficiency and guarantees the fairness of administrative behavior, but it also faces legal risks such as unfair results of discretion, opaque algorithm settings, and weakening of government functions. Only by strengthening the legal basis, protecting the rights of the counterparty, improving the accuracy of the algorithm, and improving the status of the administrative subject can the administrative discretionary behavior under the background of artificial intelligence be effectively regulated.

Author(s):  
Ihor Oheruk

Purpose. The purpose of the work is to analyze the application of the second and third parts of Article 3692 of the Criminal Code of Ukraine to officials in the context, that defines them by the Criminal Code of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Methodology. The methodology includes a comprehensive analysis and synthesis of the available scientific and theoretical material and the formulation of relevant conclusions and recommendations. In the course of the study, the following methods of scientific knowledge were used: terminological, logical-semantic, system-structural, logical-normative. Results: in the course of research the cause of criminalization of such act as "abuse of power" is considered, the subject of the specified criminal act which has the features of "an official" in the context, that defines it by the note to Article 364 of the Criminal Code of Ukraine is analyzed and the main ways of committing criminal acts, that are provided for in this article of the Criminal Code of Ukraine are identified. Originality. The study found, that one of the key conditions for the opportunity to influence officials, that are authorized to perform government or local self-government functions, is the position held by the official and the related opportunities. Therefore, taking into account the opinion of the scientists, that the subject of crimes, that are provided for by the second and third parts of Article 3692 is special, the peculiarities of which is the cumulative feature, that denotes, that such person is not endowed with the status of an official, well-founded need to specify the criminal legislation of Ukraine in terms of the application the second and third parts of Article 3692 of the Criminal code of Ukraine concerning officials in the context, that defines them by the criminal legislation of Ukraine in the note to Article 364 of the Criminal Code of Ukraine. Practical significance. The research results can be used in lawmaking in the improvement of anti-corruption legislation.


2019 ◽  
Vol 62 (5) ◽  
pp. 124-138
Author(s):  
Alexandra V. Shiller

The article analyzes the role of theories of embodied cognition for the development of emotion research. The role and position of emotions changed as philosophy developed. In classical and modern European philosophy, the idea of the “primacy of reason” prevailed over emotions and physicality, emotions and affective life were described as low-ranking phenomena regarding cognitive processes or were completely eliminated as an unknown quantity. In postmodern philosophy, attention focuses on physicality and sensuality, which are rated higher than rational principle, mind and intelligence. Within the framework of this approach, there is a recently emerged theory of embodied cognition, which allows to take a fresh look at the place of emotions in the architecture of mental processes – thinking, perception, memory, imagination, speech. The article describes and analyzes a number of empirical studies showing the impossibility of excluding emotional processes and the significance of their research for understanding the architecture of embodied cognition. However, the features of the architecture of embodied cognition remain unclear, and some of the discoveries of recent years (mirror neurons or neurons of simulation) rather raise new questions and require further research. The rigorously described and clear architecture of the embodied cognition can grow the theoretical basis that will allow to advance the studies of learning processes, language understanding, psychotherapy techniques, social attitudes and stereotypes, highlight the riddle of consciousness and create new theories of consciousness or even create an anthropomorphic artificial intelligence that is close to “strong artificial intelligence.”


This book is the first to examine the history of imaginative thinking about intelligent machines. As real artificial intelligence (AI) begins to touch on all aspects of our lives, this long narrative history shapes how the technology is developed, deployed, and regulated. It is therefore a crucial social and ethical issue. Part I of this book provides a historical overview from ancient Greece to the start of modernity. These chapters explore the revealing prehistory of key concerns of contemporary AI discourse, from the nature of mind and creativity to issues of power and rights, from the tension between fascination and ambivalence to investigations into artificial voices and technophobia. Part II focuses on the twentieth and twenty-first centuries in which a greater density of narratives emerged alongside rapid developments in AI technology. These chapters reveal not only how AI narratives have consistently been entangled with the emergence of real robotics and AI, but also how they offer a rich source of insight into how we might live with these revolutionary machines. Through their close textual engagements, these chapters explore the relationship between imaginative narratives and contemporary debates about AI’s social, ethical, and philosophical consequences, including questions of dehumanization, automation, anthropomorphization, cybernetics, cyberpunk, immortality, slavery, and governance. The contributions, from leading humanities and social science scholars, show that narratives about AI offer a crucial epistemic site for exploring contemporary debates about these powerful new technologies.


Author(s):  
Florian A. Huber ◽  
Roman Guggenberger

AbstractRecent investigations have focused on the clinical application of artificial intelligence (AI) for tasks specifically addressing the musculoskeletal imaging routine. Several AI applications have been dedicated to optimizing the radiology value chain in spine imaging, independent from modality or specific application. This review aims to summarize the status quo and future perspective regarding utilization of AI for spine imaging. First, the basics of AI concepts are clarified. Second, the different tasks and use cases for AI applications in spine imaging are discussed and illustrated by examples. Finally, the authors of this review present their personal perception of AI in daily imaging and discuss future chances and challenges that come along with AI-based solutions.


AI & Society ◽  
2021 ◽  
Author(s):  
Milad Mirbabaie ◽  
Lennart Hofeditz ◽  
Nicholas R. J. Frick ◽  
Stefan Stieglitz

AbstractThe application of artificial intelligence (AI) in hospitals yields many advantages but also confronts healthcare with ethical questions and challenges. While various disciplines have conducted specific research on the ethical considerations of AI in hospitals, the literature still requires a holistic overview. By conducting a systematic discourse approach highlighted by expert interviews with healthcare specialists, we identified the status quo of interdisciplinary research in academia on ethical considerations and dimensions of AI in hospitals. We found 15 fundamental manuscripts by constructing a citation network for the ethical discourse, and we extracted actionable principles and their relationships. We provide an agenda to guide academia, framed under the principles of biomedical ethics. We provide an understanding of the current ethical discourse of AI in clinical environments, identify where further research is pressingly needed, and discuss additional research questions that should be addressed. We also guide practitioners to acknowledge AI-related benefits in hospitals and to understand the related ethical concerns.


Author(s):  
Simon McKenzie ◽  
Eve Massingham

Abstract The obligations of international humanitarian law are not limited to the attacker; the defender is also required to take steps to protect civilians from harm. The requirement to take precautions against the effects of attack requires the defender to minimize the risk that civilians and civilian objects will be harmed by enemy military operations. At its most basic, it obliges defenders to locate military installations away from civilians. Furthermore, where appropriate, the status of objects should be clearly marked. It is – somewhat counterintuitively – about making it easier for the attacker to select lawful targets by making visible the distinction between civilian objects and military objectives. The increasing importance of digital infrastructure to modern life may make complying with these precautionary obligations more complicated. Maintaining separation between military and civilian networks is challenging as both operate using at least some of the same infrastructure, relying on the same cables, systems, and electromagnetic spectrum. In addition, the speed at which operations against digital infrastructure can occur increases the difficulty of complying with the obligation – particularly if such operations involve a degree of automation or the use of artificial intelligence (ai). This paper sets out the source and extent of the obligation to take precautions against hostile military operations and considers how they might apply to digital infrastructure. As well as clarifying the extent of the obligation, it applies the obligation to take precautions against hostile military operations to digital infrastructure, giving examples of where systems designers are taking these obligations into account, and other examples of where they must.


ICR Journal ◽  
2019 ◽  
Vol 10 (1) ◽  
pp. 124-126
Author(s):  
Shahino Mah Abdulllah

The adoption of AI in many industries has been regarded by some as a threat to low- and middle-skill workers, as it will drastically cut down reliance on the human workforce. Besides unemployment, there are also concerns about rising economic inequality caused by AI-driven companies. With fewer employees, these companies could gain a disproportionate advantage over conventional companies that still depend on normal, shift-based systems. There is also the issue that some AI bots have achieved the capability to interact with humans and build relationships through conversations. This influential communication could eventually enable these bots to affect human behaviour and possibly trigger certain actions. Significantly, therefore, such intelligent machines are not immune to mistakes and confusion since not all possible examples of real world interaction are covered during their training; this weakness could be manipulated to fulfil certain ends. Also, Al cannot be expected to be entirely fair and neutral, since it is dependent on human programmers, who have their own interests and whims.


2021 ◽  
Vol 90 (2) ◽  
pp. e513
Author(s):  
Tomasz Piotrowski ◽  
Joanna Kazmierska ◽  
Mirosława Mocydlarz-Adamcewicz ◽  
Adam Ryczkowski

Background. This paper evaluates the status of reporting information related to the usage and ethical issues of artificial intelligence (AI) procedures in clinical trial (CT) papers focussed on radiology issues as well as other (non-trial) original radiology articles (OA). Material and Methods. The evaluation was performed by three independent observers who were, respectively physicist, physician and computer scientist. The analysis was performed for two groups of publications, i.e., for CT and OA. Each group included 30 papers published from 2018 to 2020, published before guidelines proposed by Liu et al. (Nat Med. 2020; 26:1364-1374). The set of items used to catalogue and to verify the ethical status of the AI reporting was developed using the above-mentioned guidelines. Results. Most of the reviewed studies, clearly stated their use of AI methods and more importantly, almost all tried to address relevant clinical questions. Although in most of the studies, patient inclusion and exclusion criteria were presented, the widespread lack of rigorous descriptions of the study design apart from a detailed explanation of the AI approach itself is noticeable. Few of the chosen studies provided information about anonymization of data and the process of secure data sharing. Only a few studies explore the patterns of incorrect predictions by the proposed AI tools and their possible reasons. Conclusion. Results of review support idea of implementation of uniform guidelines for designing and reporting studies with use of AI tools. Such guidelines help to design robust, transparent and reproducible tools for use in real life.


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